§ 32-46. Lapse of plat approval

(a) Lapse of preliminary plat or construction plan approval.

(1) Approval of a preliminary plat issued after the effective date of the ordinance from which this chapter is derived shall expire two years after the date of plat approval where a complete application for construction plans has not been submitted to the city.

(2) Approval of construction plans issued after the effective date of said ordinance shall expire two years after the date of initial construction plan approval where a complete application for a final plat has not been submitted to the city.

(3) The entire project shall expire five years after the date of initial approval if no progress towards completion is made. Progress towards completion of the project shall include any one or more of the following:

a. An application for a final plat or plan is submitted to a regulatory agency;

b. A good-faith attempt is made to file with a regulatory agency an application for a permit necessary to begin or continue towards completion of the project;

c. Costs have been incurred for developing the project including, without limitation, costs associated with roadway, utility, and other infrastructure facilities designed to serve, in whole or in part, the project (but exclusive of land acquisition) in the aggregate amount of five percent of the most recent appraised market value of the real property on which the project is located;

d. Fiscal security is posted with a regulatory agency to ensure performance of an obligation required by the regulatory agency; or

e. Utility connection fees or impact fees for the project have been paid to a regulatory agency.

(4) A properly recorded final plat approved by the city shall not expire.

(5) Any reapplication shall be considered a new project, subject to the regulations in place at the time of the reapplication.

(b) Extension and reinstatement procedure.

(1) Prior to the lapse of approval for a plat or construction plans, the applicant may petition the city to extend the approval. Such request shall be considered by the city council, and an extension may be granted by the city council at such meeting. Any such extension must be approved prior to the lapse of the approval. If no request for extension of plat approval is submitted by the applicant prior to the expiration date, then the plat or construction plans shall be deemed to have expired and shall become null and void.

(2) In determining whether to grant a request for extension, the city council shall take into account the reasons for lapse and the ability of the applicant to comply with any conditions attached to the original approval. The city council shall either extend the approval or deny the request, in which instance the originally approved plat or construction plans shall be deemed to be null and void. In the event of a denial and if the plat or plans expire, the applicant must thereafter submit a new application for approval, and shall conform to the subdivision regulations then in effect.

(3) The city council may extend the approval subject to additional conditions based upon newly enacted city regulations or state legislation, or such as are necessary to ensure compliance with the original conditions of approval and to protect the public health, safety and welfare. The city council may also specify a shorter time for extension of the approval than the original two-year approval period.

(Ord. No. 549, § 10.218, 12-22-2009)